Trustees say they cant stop cell tower plans

Jim Brewer Published: September 28, 2006 12:00 AM

By JIMBREWERT-G Staff WriterPERRYSVILLE About 30 people attended the Green Township Trustees meeting Tuesday night to express opposition to a proposed Alltel cell phone tower planned on County Road 2786 at Township Road 1087, near the Ashland-Richland County line.They went home disappointed.Dwain Stitzlein, one of three Green trustees, advised those attending that because the land where the tower is proposed is zoned general agriculture, it is not subject to controls against tower siting.I was advised by the Ohio Township Association today that the only possible limitation from cell towers lies in areas zoned residential, and we have no areas in Green Township that are zoned that way, Stitzlein said.Senate Bill 366 has been proposed by State Sen. Jay Hottinger (R-31, Newark) that will give township trustees the ability to regulate all cell phone towers, but it has not passed yet, Stitzlein said. The OTA is urging us, as trustees, to encourage our legislators to support this legislation. This would give us controls, but we dont have them now.Stitzleins comments reflected those of township Zoning Inspector Maggie McKinley, who reiterated earlier comments that because they are considered a public utility, the township has no authority to regulate cell towers.Those words frustrated Ken Ernsberger, whose home, located in Monroe Township, Richland County, at 3738 Harrod Road, which is the same road in Richland County as Township Road 1087 in Ashland, is directly across the road from the tower site, and about 200 feet from the tower location itself.I called Ashland County Commissioner Marilyn Byers, and she urged me to try to convince the land owner, Carl Ayers, to change the location, Ernsberger said. Mr. Ayers told me that I would have to get used to the cell tower.I question how anyone can have such arrogance to his neighbors, and be so unfeeling as he runs our property values down, Ernsberger said. Can you, as trustees, talk to him, and suggest he choose a different site?McKinley answered she feared if the trustees intervened in the situation, since they do not have any legal authority on cell towers, they could be subject to a lawsuit for violation of the revised code on cell towers, ORC Section 519.211.1.She also reported, in her legal research on the issue, the only notice required of cell tower contractors is to advise residents within 100 feet of the tower of the intent to build.Francis Wigton, who lives at 5059 Lucas-Perrysville Road, the same road as County Road 2786 in Ashland County, suggested the petition circulated in opposition to the tower be given to Ayers. I certainly wouldnt want to live in a community where everyone was down on me, she said.Jackie Deems, of 5109 Lucas-Perrysville Road, and others wondered if since the Monroe Township, Richland County neighbors of Ayers are in residential areas, that could impact the townships authority.I dont think so, because his land is zoned agriculture and in a different township, Stitzlein said.The tower, I believe, would be 400 feet high, Ernsberger said. Its 200 feet from my house. What if it fell on my house?McKinley suggested that question be posed to Alltel, but Deems said she spent most of the day trying to contact Alltel.I kept getting switched from one office to another and never actually talked to anyone, she said. It was the same with the Federal Communications Commission, where I was referred to a Web site that was unworkable. I also contacted State Sen. Bill Harris (R-13, Ashland) and State Rep. Thom Collier (R-90, Mount Vernon). Harris never acknowledged my call, while Collier replied and suggested talking to local officials, which is why we came to you.Trustee Lawrence Spreng noted, at the conclusion of the discussion, Once they decide to build, it doesnt take them long to do it.Stitzlein noted the township had one other experience with a cell tower, a Verizon tower put up a few yeas ago near Ohio 95 just northeast of Perrysville. It didnt cause as much notice because it wasnt located near residential areas, although we all can see it.He said he didnt remember Verizon giving any notice of that towers construction.He said when an Alltel representative notified McKinley of its plans to site the tower in the township, she got it in writing that a cell tower was what was planned.We did that to have it on the record that it will be a cell tower, because of an experience in Vermillion Township where a tower was built purportedly to be a cell tower, only to turn out to be a radio tower, he said.Stitzlein also noted it was his understanding that Alltel considered three sites for the tower in Green Township. I know one property owner did not want it, he said. I dont know why the Ayers location was the one finally selected.